CHOW PINKKHAM MUNGLANG Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) HEARD Mr. A. M. Mazumdar, learned senior counsel for the appellant/writ petitioner. Also heard Mr. L. P. Sharma, learned standing counsel who appears and submits on behalf of the respondent Gauhati University.

(2.) THE present appeal is filed against the judgment and order dt. 31. 1. 07 rendered in W. P. (C) No. 212/06. The writ petition was filed by the appellant petitioner who was a student admitted to 3 years LL. B. Course in the University Law College affiliated in the Gauhati University in the academic year 1998-99. As per the scheme followed, after each year a law student has to appear in 'preliminary, 'intermediate' and 'final' LL. B. Examination and the student is required to clear his LL. B. degree within 5 years from the date of his first due Preliminary examination. A special chance to clear either of the above three examinations is envisaged within 6 years (i. e. one year beyond normal 5 years), from the date of his first due Preliminary examination as per the new Regulation notified on 13. 9. 02. The writ petitioner appeared in the preliminary examination held in the year 2000 and passed the said examination in the very first attempt. In so far as the Intermediate examination held in Dec. , 2000, the petitioner failed to clear the 6th and 7th paper. In the second attempt at Intermediate examination held in Nov. , 2001 the petitioner could clear the 6th paper. In Nov. 2003 he cleared the 7th paper and was declared passed in the Intermediate examination. The writ petitioner started his final year LL. B Course in the academic year 2001. He first sat for the LL. B. Final examination in Dec. 2003 and failed. Thereafter he appeared second time in the LL. B. Final examination held in Jan. , 2004 but failed to clear the 3rd paper.

(3.) SITUATED thus when the notification for filling up the LL. B. Final examination due in December, 2005 was published, the writ petitioner approached the authorities to sit in the LL. B. Final examination. However, the University refused to permit the writ petitioner to sit again for the LL. B. Final examination as a view was taken that the writ petitioner had availed of all the chances permissible for sitting in the Law Final examination to complete his law Course.